How good are chances for visitation?

This is a discussion on How good are chances for visitation? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Unwed mother and father of child-break up after 4 year relationship. Mother tells father she is pregnant 2 months after ...

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Old Sep 3rd, 2009, 12:13 PM   #1
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Confused How good are chances for visitation?

Unwed mother and father of child-break up after 4 year relationship. Mother tells father she is pregnant 2 months after the break up. Father is a felon.

Child is 2 years old and has never had alone time with father due to the fact that Mother will not "let him" and is not financially able to legally fight it. Father was there for birth, first year of life.... missed a year, and now is having regular visits every Monday for 8-9 hours.

Many documented conversations where Mother has vehemently refused to let the Father even have 1 hour alone with his daughter (Claims he hasnt "proved himself to her," daughter cries if mother leaves room which is not true, claims daughter is "Scared ****less" of father and his family at 8 mos old which is also a complete fabrication, etc. etc. the excuses go on and on)

Father does not pay child support (ex refuses to accept the invitation, even though he has offered and claims he needs to sign himself up...is in a much better place financially b/c she and her bf are supported by parents-pay no bills at all for their house, no rent, etc. and father supports himself, his son, and his fiance') Although he has bought gifts, clothing, diapers (even daimond earrings-though ex refuses to get her ears peirced so now they are god knows where)

Father has absolutely NO say what so ever in his daughter's upbringing/discipline/diet, anything really. Mother sees child as being soley hers and claims that Father is untrustworthy/does not DESERVE his daughter, b/c he started dating someone else after the break up and had a child with her.

How good of a chance does he have at getting visitation? How should he be looking to "Save up" for this process, and how do you get the ball rolling?
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Old Sep 4th, 2009, 04:09 PM   #2
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Default Re: How good are chances for visitation?

What is the father a felon for? If it is any kind of act against children or sometimes violent, then the chances of receiving overnight visitation is slim. Although the judge can order supervised visits.
First, i would go ahead and do the voluntary child support. That would look better on you once you do get into court. Your local CSE can set it up for you, but may charge you a fee.
But you do not have to prove yourself to her. You have to prove yourself to the judge. But you can file in your courts to get visitation.
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Old Sep 4th, 2009, 05:15 PM   #3
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Default Re: How good are chances for visitation?

First things first. Did you acknowledge paternity of the child via a signed, notarized Acknowledgment of Paternity? Was your name, with your knowledge and consent, listed on the child's birth certificate?

These questions need answering before any sound advice can be offered.
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Old Sep 6th, 2009, 02:44 PM   #4
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Default Re: How good are chances for visitation?

yes, father is on birth certificate with affidavit etc. etc....so, from what i understand paternity has been established at that point. This is in Ohio....Felon from 12 years ago for aggravated robbery. ("robbed" a bowling alley with a bb gun) tried to get it expunged, but, since it is a felony 2 no such luck (and a waste of 50.00)
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Old Sep 6th, 2009, 03:46 PM   #5
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Default Re: How good are chances for visitation?

If the father wants parenting time he must file for some sort of custody of the child. Child support should be enforced, as the child needs to benefit from both parents financially supporting the child.

He does not have to sign himself up for child support. He needs to file with the court, custody.

The child is 2 and his conviction was 12 years ago. The courts believe people can be rehabilitated, although robbing a store with a bb gun does not preclude a parent from obtaining some sort of custody and/or visitation.
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Old Sep 6th, 2009, 04:02 PM   #6
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Default Re: How good are chances for visitation?

As much as non felons would like to believe...Courts DO NOT believe that adult offenders can be rehabilitated. I am a convicted felon and my charges are over 8 years old. In the custody battle i am in, they are continuing to use my conviction against me. Even though i am a full time student and have been through counseling, etc.etc.
Felons get the raw end of the deal alot.
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Old Sep 7th, 2009, 10:07 AM   #7
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Default Re: How good are chances for visitation?

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Originally Posted by Unregistered View Post
As much as non felons would like to believe...Courts DO NOT believe that adult offenders can be rehabilitated. I am a convicted felon and my charges are over 8 years old. In the custody battle i am in, they are continuing to use my conviction against me. Even though i am a full time student and have been through counseling, etc.etc.
Felons get the raw end of the deal alot.
Of course, I'm only guessing here, but I assume you are the father? If not, you'd have your kid right now. It's not simply felons who get the raw end of the deal, it's fathers.

And if the court system did not believe people can be rehabilitated, we'd have a much higher incidence of the death penalty and these "slap on the wrist" punishments would go away.
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Old Sep 7th, 2009, 12:54 PM   #8
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Default Re: How good are chances for visitation?

Your victim mentality is getting OLD
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Old Sep 7th, 2009, 02:19 PM   #9
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Default Re: How good are chances for visitation?

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Originally Posted by Gbyte View Post
Your victim mentality is getting OLD
Said the pot to the kettle...
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Old Sep 7th, 2009, 07:39 PM   #10
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Default Re: How good are chances for visitation?

Chances of getting visitation = extremely good. The family court will not deny a child of a parent no matter what a few man haters will try to force you to believe. Stand up and fight, file for custody, go to mediation and in the end you will at the very least get the every other weekend, and even splitting some school days when that time comes no matter what mom wants.
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